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  1. Hello all, I am not sure if consumer action forum can help me with this but I previously made such a good experience in here that this was my first go to. my brother and I rent a 5 bed room flat (only the 2 of us on the contract) but also rent out the 3 other rooms. Landlord knows about this and we do not make any money off it. In total there are in legal terms 3 households (will be 2 in Decembe). We now received a letter from the council starting that this is a Multiple Housing Occupancy. Somebody reported us. We've live in the flat for 10 years. I went on the internet because this was news to me and found out that on October 1st a new law was introduced and hence, we are a HMO. Council would like to come and inspect the property. I read that fines are 30k etc. I want to call the council tomorrow and explain but I am so scared. I will tell them that I will pay the licence fee which is around 1.5K because I simply did not know about this. But I know that this is a terrible excuse even though it's True. I would have never risk a situation like that. I could blame it on the landlord but on the contract it is only me and my brother. Also I am not the kind of person who would do this to him...he knows about 5 people living here though but the flat complies with all regulations on fire safety etc. I just don't know what to do. I also know who reported it: my flatmate. he read that he can get 12 months rent back. Although I don't get this as well as it was complaint up to October 1st so why should he receive money for a whole year. I am just so worried that they won't give me a chance. I am not able to repay 12 months rent nor to pay a fine of 30k... .so far the letter states just a visit but I guess best is to call then and say yes you are right - what can we do about this to avoid issues as we were simply not aware of this new law. Yes if course it could have been avoided but I simply had no idea about it. Now I know and it won't ever happen again but you know after living in the flat for 10years I never thought of this. My landlord usually made sure that everything is compliant such as gas and electricity checks. HMO I guess does not fall under it as he officially rents it out to 1 household. I wish he would have told me about it though (it is an agency )...I would have offered to pay. Calling the council tomorrow but any advice or experience on this ? Worst news ever really. I am shaking. Matt
  2. Hi. I will try to be brief and to the point. I took an assured shorthold tennancy on in a house of multiple occupancy as a cost saving exercise. The landlord told me there was 3 girls living in the house and upon viewing the house it seemed clean and livable. Upon moving in I found out only 1 girl lived there. The next day a new tenant also moved in. Let's just say he was from a diffeent walk of life. His standard of living was well below mine, and he had no social etiquette or co-living skills. Leaving his dirty plates and pans for up to 6 days or more and leaving his dirty washing all over the kitchen floor. I told the landlord and he basically said 'shut up and deal with it and work it out' not in them words but pretty much something like that. The new tenant was using passive aggression and doing odd things as almost mind challenges, anyway I thought this is not my problem and that I did not have to deal with it and told the landlord I would be terminating the contract as a result of this pig of a man who he had placed in after me. The landlord said there was no way I was getting out of the tenancy without a suitable reason (clearly he had not listened - but like all these cowboy traders money is his god). We exchanged emails for a week and in one email I stated something like 'I will be leaving soon, he is not my problem and I am not required to teach him how to co-live with people'. I had not payed my rent which was due 24 hours ago as I was not happy with the house and my plan was to get him to use the bond as months rent and any days left into the month that I would not be there. Saturday at 4pm I get an email to tell me that all locks have been changed amd that 'if you want to recover your chattels then please call during office hours to pay the rent owed and a £100 late payment fine'... This guy is really on a high horse. The email was sent at 10am. At this stage my rent was overdue by one day. The email does not mention anything about the tenant I had to live with, it states that as rent is overdue by 1 day 'property has been siezed and will be removed in 7 days if rent not paid with fine'. I was told by a friend to call the police before breaking in. None of the other tenants were in after repeated knocks (at least they did not answer). I got back to the house and caalled the police, they informed me that the landlord had in fact broken the 1977 Protection from Eviction Act Section 1. And that I had every legal right to break and enter and get my property. The bathroom window was open and I was able to get into the house but had to break down my bedroom door, a PCO turned up 30 mins later and helped me with my belongings into my vehicle (a good van load). After the van was loaded I drove for 2 mins and pulled up and it hit me I was not technically homeless. The law states that if you live in a AST in a HMO a landlord is required to give you 2 months notice, then he can start court proceedings, and after that apply for a bailiff to attend and remove property. This cowboy trader didn't even give me 1 hours notice. There was a note on the window that said 'if you want to regain your chattels (property) you must call during office hours to pay rent owed and fine. (I mean who even uses the word chattles these days). Did he expect me to walk the streets with just a thin coat and shorts on till Tuesday morning (it was bank holiday and it was also Saturday 5pm). I managed after 2 hours to find place to stay, I was at this point very hungry and fatigued. I have since been staying on sofas, my belongings are all over place stored and I am starting to get painful back and so on. As well as the emotional distress and so on! I am a tough shell and won't even admit to myself when times are bad but my plan is to take this sucker down. I have been to Citizen Advice who were pretty useless, a housing association who were pretty useless, local council who were pretty useless... The only luck I am having is with a solicitor who I am seeing this week, who see to think I have a strong case. The charity Shelter were useful, they gave me a lot of sound advice on the steps to take, such as sending a 'letter before action', seeking out solicitors or no win no fee, local council / organization numbers (of which none worked). I have done a lot of resarch and know quite a lot, such as this rouge landlord is liable to be paying between £100 to £300 a day for every day I am technically homeless or out of the house I was evicted from, plus all sorts of other compensation costs like misuse of bond (not putting it into a deposit protection service (bond and upto 1 to 3 times bond back) plus aggrevated damages. I am seeing solicitors this week who will hopefully take my case on. Because with my paper tenancy agreement and the email sent 32 days later, these two documents are proof that he has broken the law and illegally evicted me. What are people's thoughts here? I am still sleeping around at friends, my work / life mix is strained and my relationship with my girl is also tough as we can't spend time together as much! Please let me know your thoughts.
  3. Hi guys, my friends HMO license is due on September the 13th. Issue is this year he has had to spend around £6000 on the house. Making new washroom and having to pay the neighbor for the leak. Also new carpet and linoel etc. He dose not have the FEE for the HMO License. Anyone know what can be done? Get temporary license or delay the payment or pay monthly etc? Please advise. Ali
  4. Hope this is the correct place to ask this. Daughter is a Uni student and was in a mixed shared house with a number of others both male and female. All paid in to a deposit. A few months ago the basement toilet got blocked and overflowed. It's one of those macerator types and when the plumber inspected it a new unit had to be fitted - tampons were found in the system and were blamed on the failure. The landlord is now wanting to deduct the £600 cost of replacement from the deposit. Of course the chaps are saying this is nothing to do with them. The ladies are (reasonably) asking how can it be proven that they would be responsible? Can the Landlord do this or does s11 of the Landlord & Tenant Act (Landlord repair responsibilities) apply here? TIA Andy
  5. Hi all, My stepson lives in a HMO with an AST, his contract is up in just over a month. The landlord tonight has told everyone they must leave in 1 month as he has sold the house. He has told them that 2 months notice does not apply as it's written in the contract he only has to give 1 month. LL does not live in the building. Does the LL still have to issue a section 21 for a HMO? The deposit is not protected, the LL said he did not need to protect it. In the contract is says it should. (I know it should be protected). What exactly are the rights of someone renting just a room in this situation?
  6. I am renting a room in a house which has 5 separate occupants the LL doesn't have an HMO licence. Can this make the tenancy agreement void? I've only been living here for a month and the house is not in good shape and would not meet the health and safety standards required. I moved in at the last minute because I was let down by another landlord and had no other choice and would like to get out of this contract and get my deposit and fees back.
  7. Could someone help with a quick question. My friend is moving into a HMO and would like to know if the deposit has to be protected? It is a contract in his name only.
  8. I need clarification on what type of tenancy agreement my son will need. He will be sharing a 3 bedroom house with two others. They will each have their own room but will share the use of bathroom/kitchen/living room. The house consists of a ground floor and an upstairs. Is it legal for the landlord to issue three separate agreements or should there be an AST for the main tenant plus two sub-tenants?
  9. I've just noticed there's a little council tax section here so thought I'd try my luck... I've recently moved into a house that was deemed by the council to be exempt from council tax. There is 5 of us in the house and we share the property as friends. One of the girls holds a contract for the whole property with the landlord. She is responsible for the rent of the property. The written contract has since expired but the landlord is happy for us to continue living there. A few months before I moved in, the council sent an inspector round and he decided that we were a house of multiple occupancy and were liable for council tax. (They had previously decided we were not). They have sent the bill for the council tax to our landlord who has since received a court summons. My flatmates and my landlord don't seem to be very proactive so I'm trying to find relevant information to figure out what's going on because there's a lot of confusion and mixed responses. My landlord is trying to claim backdated council tax from us because the council is doing the same to him. He has also claim that because we are an HMO that even the students are liable for council tax because there are non students living here. There are also people who have since moved out who unknowingly owe the landlord back payment for council tax and he's insinuating that he wants that split between the people who are living there now as he has to somehow cover the payment he's made to the council. Last thing that I fail to understand is why the council initially thought we were exempt from paying council tax and then changed their minds when the situation itself hadn't changed. I feel like I'm drowning in misinformation and I've not heard from my landlord since he told us he's received a court summons. I've tried to go to the CAB a few times but they only have walk in appointments and I've had no luck because they're so short staffed that they can't even see me. Does anyone have suggestions?
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